Javier Payne's mother Cherita and her lawyer announced Thursday they are preparing to sue the city. The suit not only goes after the NYPD, but the FDNY's emergency medical response team. Payne's lawyer said he was not treated immediately, as he should have been.

The officer accused of pushing Payne was placed on modified assignment following the incident.

The family lawyer also says while the District Attorney's Office investigates whether the sergeant accused of pushing Payne did so with criminal intent, his office is holding telling surveillance video hostage.